Part 5.
Note: For cases involving sexual assault, stalking, gender-related harassment, dating or domestic violence, or other prohibited conduct as defined in the sexual harassment, abuse, and assault prevention policy, see Part 10 for Overview of Process.
5.1 A University Student Conduct System complaint may be filed against any student or recognized or unrecognized student organization by any member of the University community. Complaints may be filed by a student, faculty member, or staff member by filling out a standard complaint form, which is available at Community Standards. Community Standards is available for consultation prior to submitting a complaint. A non-University community member may file a report with the Department of Public Safety. A report by a non-University member may be resolved if the interests of the University community are impacted. All documentation and other information associated with the complaint, e.g., Department of Public Safety or police reports and witness statements, should be included with the standard complaint form and submitted to Community Standards. More than one complaint may be filed arising out of the same incident.
5.2 Community Standards will determine whether a complaint involves students, recognized student organizations, and/or unrecognized student organizations and whether the complaint concerns subject matter falling within the jurisdiction of the University Student Conduct System. Community Standards further will determine whether the complaint demonstrates sufficient information of wrongdoing to warrant further investigation and/or commencement of the student conduct process. Community Standards reviews all filed complaints and proposed charges; the office reserves the right to modify charges based on the information presented in the complaint. A hold may be placed on the respondent’s academic records until a final resolution of the complaint.
5.3 The standard of proof applied within the University Student Conduct System is a preponderance of the evidence, which requires a demonstration that it is “more likely than not” that the respondent has violated the Code of Student Conduct.
5.4 Some allegations of student misconduct require investigation prior to determining whether further student conduct proceedings are warranted. As appropriate, the University will conduct an investigation concerning the allegations. The investigation may be conducted by the Student Conduct Investigator, the Department of Public Safety or another appropriate University office or representative, or inter-departmental investigative teams. In cases involving alleged criminal conduct, the Department of Public Safety can assist a complainant in making a criminal complaint. A complainant does not need to pursue a criminal complaint in order to utilize the University’s Student Conduct System.
5.5 An individual may be permitted to withdraw a complaint subsequent to filing if Community Standards is satisfied that the complainant’s decision has not been influenced by pressure or intimidation. In the event that the complainant is determined to have been influenced by pressure or intimidation, or in other extenuating circumstances, or where the University’s interests would be served by continuation of the case, the Dean of Students, or designee, or the Director of Community Standards may appoint a University complainant to continue the case.
5.6 The University Student Conduct System is confidential and closed to persons not directly related to the case. All parties involved in the University Student Conduct System are expected to maintain the confidentiality of the process and proceedings. The University reserves the right to correct any misinformation with regard to University Student Conduct System actions that may be circulated in the media when the well-being of the community so requires. The University will publish data related to the activities of the University Student Conduct System on a periodic basis consistent with constraints imposed by law.